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GIBBS v. LIBERTY MUT. INS. CO.

No. 88-3270.

876 F.2d 23 (1989)

Caryl Anthony Vaughn GIBBS, et al., Plaintiffs-Appellants, v. LIBERTY MUTUAL INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 8, 1989.

Attorney(s) appearing for the Case

Frederick W. Bradley, Charles M. Steen, New Orleans, La., for plaintiffs-appellants.

John J. Weigel, Donna Bossier Phillips, New Orleans, La., for defendant-appellee.

Before THORNBERRY, WILLIAMS and DAVIS, Circuit Judges.

PER CURIAM:

This action was filed by a group of insurers which issued an excess policy of liability insurance to Cummins Diesel Engine Co. against Liberty Mutual Ins. Co. (Liberty Mutual), the primary insurer of that same insured. Following the settlement of five serious personal injury suits pending against Cummins, the plaintiff excess insurers sought recovery from Liberty Mutual for reimbursement of part of the sum they paid in settlement. The plaintiffs alleged...

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